Annotations “Plain View”.—Somewhat similar in rationale is the rule that objects falling in the “plain view” of an officer who has a right to be in the position to have that view are subject to seizure without a warrant 345 or that, if the officer needs a warrant or probable cause to search and seize, his lawful observation will provide grounds therefor. If the police officer peeks through the window of the house and sees the drugs, he can also confiscate the evidence without prejudice. Under the plain view doctrine, objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be presented as evidence. In one case We held — ". According to the plain view doctrine, the evidence can be used as the intrusion was valid. The incriminating character of the object should be immediately identifiable. The man saw the patrol and immediately ran away to a … However, the plain view doctrine cannot be used because there was no previous valid intrusion. Although the parameters of the plain view exception were first established in Coolidge v.New Hampshire, 403 U.S. 443 (1971), the Court refined the requirements which must be met to uphold plain view seizures in Horton v.California, 496 U.S. 128 (1990). I. 1 SEARCH & SEIZURE §43-1 General Principles §43-1(a) Fourth Amendment Generally United States Supreme Court Illinois v. McArthur, 531 U.S. 326, 121 S.Ct. Objects falling in the plain view of an officer, who has a right to be in the position to have that view, are subject to seizure and may be presented as evidence.9 Thus, the plain view of the agents of the evidence justified the seizure they made without further search. People v. California. Fourth amendment protection has repeatedly been found The plain view doctrine is limited, however, by the probable cause requirement: officers must have probable cause to believe that items in plain view are contraband before they may search or seize them. Below are plain view doctrine examples taken from the the case law. The plain view doctrine allows law enforcement to search and seize property without obtaining a search warrant based on evidence of criminal activity, because that property is out in the “plain view” of the officers. Under the Fourth Amendment to the United States Constitution, individuals are protected from unlawful search and seizure. The primary problem with plain view seizures during lim-ited consent searches is that the consenting suspect gets less pri- 103 S. Ct. 1535 (1983). October 26, 2017 October 30, 2017 pinayjurist Criminal Law, Remedial Law llegal sale of dangerous drugs, plain view doctrine, search and seizure, warrantless arrests Leave a Reply Cancel reply Your email address will not be published. Hester v. US, 265 U.S. 57 (1924)-the special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers and effects,' is not extended to the open fields.. United States v. Lee, 274 U.S. 559 (1927)-Plain view is not affected by the use of spot lights and field glasses (binoculars). If the police officer peeks through the window of the house and sees the drugs, he can also confiscate the evidence without prejudice. Click on the case titles to link to the full case decision. What Is "Plain View" Search & Seizure? The instance of particular significance to the case at bench is the so-called seizure pursuant to the plain view doctrine. In Texas v. Brown,' a plurality decision announced April 19, 1983, Justice Rehnquist "clarified" the fourth amend-ment's plain view exception.2 An opinion of the Texas 1. You wanted a summary of the law on search and seizure regarding the plain view exception. Requisites: a) arrest must be lawful; b) search and seizure must be contemporaneous with arrest; c) search must be within permissible area (People v. Estella, G.R. I, p. 361). One of the most significant rights outlined in the Constitution limits the authority of law enforcement and the government to make arrests, seize property, and search the person or possessions of someone accused of a crime. The plain view doctrine allows a policeman to pull a person over if the person is violating a traffic law. CRIMINAL PROCEDURE--Fourth Amendment Searches and Seizures - Plain View Doctrine -Texas v. Brown, 103 S. Ct. 1535 (1983) (plurality). The plain view doctrine allows a police officer to seize objects not described in a warrant when executing a lawful search or seizure if he observes the object in plain view and has probable cause to believe that it is connected with criminal activities. Clearly then, there was waiver of the right against unreasonable search and seizure. The plain view doctrine is an exception to the warrant requirement of the Fourth Amendment. . HtHorton set t th th diti hi h t b ti fi d i d t h ld i dts out the three conditions which must be satisfied in order to uphold a seizure under According to the plain view doctrice, the evidence can be used as the intrusion was valid. One late afternoon in a small barangay of Mendez, Cavite, five police officers were on routine patrol duty when they heard the sound of successive gunshots in the vicinity and found a man firing a gun into the air. The baggie of methamphetamine had been in plain view on the nightstand was therefore legally seized. Plain View Doctrine Examples . 946, 148 L.Ed.2d 838 (2001) The central requirement of the Fourth Amendment is that police act reasonably. The doctrine dictates that three conditions must be met for seizing without warrant evidence in plain view: prior valid entry, inadvertence, and probable cause. Nos. PROBABLE CAUSE FOR SEARCHES AND SEIZURES UNDER THE PLAIN VIEW DOCTRINE Arizona v. Hicks, 107 S. Ct. 1149 (1987). 138539 – 40, January 21, 2003) 3. Plain View Doctrine Law and Legal Definition The plain view doctrine is a concept in criminal law that allows a law enforcement officer to make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search. When one voluntarily submits to a search or consents to have it made of his person or premises, he is precluded from later complaining thereof (Cooley, Constitutional Limitations, 8th Ed., Vol. The plain view doctrine is an exception to the Fourth Amendment rights allowing law enforcement agents to make observations in a public place and the police see an object in plain view that was used in a crime the police can them seize that item under the plain view doctrine law. This means police cannot search a person, his home, his car or any other property, without probable cause. In Horton v. California, 496 U.S. 128, 136-37 (1990), the Supreme Court officially adopted a long-recognized standard that, for police to properly seize evidence in plain view, its “incriminating character” must be immediately apparent. 138539 – 40, January 21, 2003) 3. As noted above, the plain view doctrine is an exception to the general rule that a warrantless search and seizure is unlawful. The U.S. Supreme Court has developed and refined the plain view doctrine over time. However, the plain view doctrine cannot be used because there was no previous valid intrusion. The plain view doctrine is only an exception to warrantless seizures of evidence. The Plain View Doctrine: The British Columbia Court of Appeal noted that “the plain view doctrine, a creature of the common law, has its origins in American jurisprudence and reflects ‘an application of the Fourth Amendment’s central requirement of reasonableness to the law governing seizures of property’: Texas v. . When there are prohibited articles open to the eye and hand of an officer (Plain View Doctrine). You also wanted us to discuss the law in relation to a case described in a recent Hartford Courant article. Under the plain view doctrine, objects falling within the plain view of a law enforcement officer, who has a right to be in a position to have that view, may be validly seized by such officer without a warrant and, thus, may be introduced in evidence. SUMMARY. Both the federal and the state constitutions prohibit unreasonable searches and seizures. When there are prohibited articles open to the eye and hand of an officer (Plain View Doctrine). Requisites: a) arrest must be lawful; b) search and seizure must be contemporaneous with arrest; c) search must be within permissible area (People v. Estella, G.R. The doctrine serves to supplement the prior justification — whether it be a warrant for another object, hot pursuit, search incident to lawful arrest, or some other legitimate reason for being present unconnected with a search directed against the accused — and permits the warrantless seizure. United States, 286 U.S. 1 (1932) (officers observed contraband in plain view in garage, warrantless entry to seize was unconstitutional). Plain view doctrine in warrantless searches and seizures One late afternoon in a small barangay of Mendez, Cavite, five police officers were on routine patrol duty when they heard the sound of successive gunshots in the vicinity and found a man firing a gun into the air. INTRODUCTION The fourth amendment to the United States Constitution pro-tects individuals against arbitrary and unreasonable searches and seizures.' Understanding The Colorado Plain View Law How Do The Police Justify A Plain View Seizure Of Evidence In The Investigation Of A Domestic Violence Case The Conclusion . Nos. Posted By Damascus Road Law Group || 6-Feb-2015. course of an otherwise lawful search.10 The plain view doctrine in general is well settled and uncontroversial, but its effect on the candor of police requests for consent to search has not pre-viously been examined. Plain View Doctrine: In the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a Search Warrant and are admissible as evidence.